 | Thomas Peake - 1804 - 534 страници
...(m) In Btaley v. Sba<w, 6 East. 214, Lord Elltnbcreugh said, that twenty years exclusive enjoyment of water, in any particular manner, affords a conclusive...presumption of -right in the party so enjoying it. But less than twenty years enjoyment may, or may not, afford such a presumption, according as it is... | |
 | Great Britain. Court of King's Bench, Sir Edward Hyde East - 1809 - 540 страници
...stream, subject to such adverse right. I take it, that twenty years exclusive enjoyment of the water hi any particular manner, affords a conclusive presumption...enjoyment may or may not afford such a presumption according as it is attended- with circumstances to support or rebut the right. Here it appears, that... | |
 | William Selwyn - 1817 - 782 страници
...tofcueh adverse right. Twenty years exclusive enjoyment of the water, in any particular manner, Words a conclusive presumption of right in .the party so enjoying it, derived from grunt or act of Parliament. But legs than twenty years' enjoyment may or may not afford such •a presumption,... | |
 | Thomas Peake - 1822 - 668 страници
...Elknloro/ugh said, other cases that twenty years exclusive enjoyment of water, in any particular there cited. manner, affords a conclusive presumption of right in the party so enjoying Saund. 175, d. and several Part II. Ditturbante and Nuisance. and if A. being possessed of two houses,... | |
 | Joseph Kinnicut Angell - 1824 - 380 страници
...Great stress has been laid, however, upon an observation of Lord Ellenborough, in the last case, that " twenty years' exclusive enjoyment of the water, in...presumption of right, in the party so enjoying it." But is it to be taken for granted, that this observation was meant to include an enjoyment, commencing,... | |
 | Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - 1825 - 496 страници
...an uninterrupted use and enjoyment of a stream of water above 21 years, in any particular way, this affords a conclusive presumption of right in the party so enjoying it. Ib. 3. Under what circumstances it may be left to the jury to presume a conveyance. Kingston v. Lesley.... | |
 | Thomas Starkie - 1826 - 708 страници
...held the action to be maintainable. Lord Ellenborough said, that twenty years exclusive enjoyment of water in any particular manner affords a conclusive presumption of right in the party so enjoying it ; but less than twenty years may or may not afford such a presumption, according as it is attended... | |
 | Joseph Kinnicut Angell - 1827 - 136 страници
...jury should be directed to act upon it. In Bealy v. Shaw, (e) Lord Ellenborough says, " I take it that twenty years exclusive enjoyment of the water in any...enjoying it, derived from grant or act of Parliament. It lias been argued, that in order to found such a presumption, it must be shown, that the first act... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 страници
...Ellenboroughi in the case of Beuly v. Shaw, 6 East. 208, that " twenty years exclusive enjoyment of water, in any particular manner, affords a conclusive...enjoying it, derived from grant or Act of Parliament." This doctrine of Lord Ellenborottgh, understood as he intended to apply it, is perfectly correct; but... | |
 | 1830 - 438 страници
..."I take it that twenty years' exclusive enjoyment of the water in any particular manner, ;i tfords a conclusive presumption of right in the party so...twenty years' enjoyment may or may not afford such presumption, according as it is attended with circumstances to support or rebut the right." 1 Camp.... | |
| |
I take it, that twenty years' exclusive enjoyment of the water, in any particular manner, affords a conclusive presumption of right in the party so enjoying it, derived from grant or act of parliament. 
